Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re P.G.

Court of Appeals of Iowa

May 3, 2017

IN THE INTEREST OF P.G., Minor Child. P.G., Minor Child, Appellant.

         Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.

         The minor child appeals the juvenile delinquency adjudicatory and dispositional orders.

          Gerald B. Feuerhelm of Feuerhelm Law Office, P.C., Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney General, for appellee State.

          Considered by Mullins, P.J., and Bower and McDonald, JJ.

          BOWER, JUDGE.

         A minor child, P.G., appeals the juvenile delinquency adjudicatory and dispositional orders. We find there is sufficient evidence in the record to show P.G. committed the delinquent act of first-degree theft. We determine P.G.'s claims regarding placement at the State Training School are moot as he has been discharged from the school. We affirm the decision of the juvenile court.

         I. Background Facts & Proceedings

         On February 12, 2016, P.G., who was then seventeen, assaulted another teenage boy, E.C. P.G. stated he would continue to hit E.C. until E.C. gave P.G. his Apple watch, valued at $700, and as a result E.C. gave P.G. the watch. E.C. received a bloody nose, multiple cuts inside his mouth, and a strained shoulder as a result of the incident. The State claimed P.G. committed the delinquent act of first-degree theft, in violation of Iowa Code section 714.2(1) (2016).

         On April 1, 2016, P.G. attended a party at the home of B.A., an acquaintance. During the party several items were stolen from the home. A small safe, which was a cube measuring about sixteen to eighteen inches per side, was taken from the home. The safe contained items worth approximately $100, 000. A broken window from an upstairs bedroom led officers to believe the safe had been thrown out the window. T.N. testified he was standing outside the home and heard a loud crash. When he looked, he saw a box near the house. T.N. observed P.G. run out of the house, pick up the box, then place it in a red Grand Am. O.R. testified he drove a red Grand Am and P.G. got a ride to and from the party with him. After the party, D.B. testified he saw a video of a person holding a bunch of twenty dollar bills on a Twitter account he associated with P.G. When D.B. commented on the video, he received the response, "profit from that house." The State claimed P.G. committed the delinquent act of first-degree theft, in violation of section 714.2(1).

         On July 16, 2016, T.N., who was a witness to the theft on April 1, 2016, received a photograph from P.G. on Snapchat showing P.G. with his fist up and stating, "Watch your head [T.N.]. Snitches get stiches." There was also a photograph of T.N.'s police statement and a caption, "Man I didn't touch no safe [T.N.]" The State claimed P.G. committed the delinquent act of tampering with a witness, in violation of section 720.4.

         On September 1, 2016, P.G. admitted committing theft in the first degree based on the incident in February 2016 and tampering with a witness. There was a hearing on the remaining claim of first-degree theft. In an adjudicatory order, the juvenile court determined P.G. committed the delinquent act of first-degree theft by taking the safe from the home of B.A. In the dispositional order, the court determined P.G. should be placed at the State Training School. P.G. appeals the adjudicatory and dispositional orders.

         II. Standard of Review

         "Juvenile delinquency proceedings are not criminal prosecutions, but are special proceedings that serve as an ameliorative alternative to the criminal prosecution of children." In re J.D.F., 553 N.W.2d 585, 587 (Iowa 1996). "Juvenile delinquency proceedings are reviewed de novo." In re S.M.D., 569 N.W.2d 609, 610 (Iowa 1997). We give weight to the factual findings of the juvenile court, but are not bound by them. J.D.F., 553 N.W.2d at 587. Our objective "is to ensure an ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.